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Judgment
N. Ananda, J.—The Petitioner is arrayed as accused No. 1 in Crime No. 86/2009 registered for an offence punishable u/s 307 r/w. 34 of IPC. He has sought for bail.
Heard Sri A.N. Radha Krishna, learned Counsel for Petitioner and learned Government Pleader for the State and I have been taken through investigation records.
The investigation records would reveal that Petitioner was teasing the wife of deceased. On 19.6.2009, when the wife of deceased was collecting water, Petitioner behaved cheaply with her by throwing some water on her. The wife of deceased informed the matter to her husband. Deceased went to the house of first accused to question about his indecent behavior. It appears, when deceased questioned first accused, a quarrel ensued between them. Thereafter, Petitioner threw a stone at deceased who ducked and escaped the blow. The Petitioner did not stop at that. He went into his house and brought a club and repeatedly assaulted on the head of deceased, as a result of which he suffered multiple fractures of bones of his skull and extensive damage to his brain and he went to a state of come. He was in the state of coma for a period of three days and breathed his Last on 24.6.2009. There are eye witnesses to the occurrence,
The learned Counsel for Petitioner would submit that the occurrence took place in a sudden quarrel. Therefore, an offence u/s 302 is not attracted, which I am not persuaded to accept for the following reasons:
(1) Petitioner had provoked deceased by teasing his wife. Naturally, the deceased had gone to the house of Petitioner to question him and also to tell him to mend his behavior, Petitioner in stead of pleading excuse and repenting for what he had done, had repeatedly assaulted deceased with a cub and caused his death.
In the circumstances, it is hardly possible to hold that there is no prima facie case against Petitioner for an offence u/s 302 of IPC. Therefore, petition is dismissed.